2009 (1) TMI 213 - AT - Service Tax

Service Rendered to sister unit debit notes raised testing of cylinders - Service tax could be levied when any service is rendered by one person to another. In the instant case, the provider of the service and the recipient of the service are the same legal entity viz. Chemplast Sanmar Ltd. Raising debit notes by one unit of the appellants on its another unit are required for accounting purposes and to assess the performance of various units of the appellants as separate profit centres pre-deposit of duty waived stay granted

Summary

Issues:
1. Demand of service tax along with penalties imposed on M/s. Chemplast Sanmar Ltd. for technical testing and analysis services.
2. Interpretation of whether service tax can be levied when the provider and recipient of the service are the same legal entity.

Analysis:
1. The Appellate Tribunal, Chennai, addressed the demand for service tax and penalties on M/s. Chemplast Sanmar Ltd. for technical testing and analysis services provided to its sister unit. The original authority imposed penalties under various sections of the Finance Act, 1994. The Commissioner (Appeals) found no dispute regarding the services rendered by the appellants to their sister unit. The taxable value was based on the debit notes raised on the sister unit. The Tribunal considered the application for waiver of pre-deposit and stay of recovery of dues. The appellants argued that as the provider and recipient of the service were part of the same legal entity, they should not be liable for service tax. Reference was made to a Tribunal decision emphasizing the necessity for the provider and client of the service to be different legal entities for service tax to be leviable.

2. The Tribunal deliberated on whether service tax could be levied when the provider and recipient of the service were the same legal entity, in this case, Chemplast Sanmar Ltd. The ld. Counsel for the appellants contended that the raising of debit notes between different units of the company was for internal accounting and performance assessment purposes. The Tribunal referred to the precedent cited by the appellants, which highlighted that service tax cannot be imposed when the service provider and recipient are the same legal entity. Consequently, the Tribunal acknowledged that the appellants had established a prima facie case against the demand and penalties. Therefore, the Tribunal granted a waiver of pre-deposit and a stay on the recovery of the adjudged dues pending the appeal decision.